Distribution of Estate When One Bequest is a Fixed Share and Another is Equivalent to an Heir's Share

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When a testator bequeaths a determined portion to one person and an amount equal to an heir's share to another, two principal views exist. The first view dictates that the fixed portion is given to its recipient, and the remainder is divided between the heirs and the legatee entitled to the heir's share, treating the latter as if he were that heir, provided the heirs approve (ijazah). If the heirs reject the distribution, the first third (of the bequest portion) is divided between the two legatees according to their shares had the bequest been approved, and the remaining two-thirds go to the heirs. The second view states that the recipient of the fixed portion receives their share, and the recipient of the heir's share receives the amount equivalent to an heir's share, as if no other bequest existed. This is the position of Yahya ibn Adam. When the fixed portion exceeds one-third, a third view arises: the recipient of the fixed portion takes their share from the remaining two-thirds belonging to the heirs, as nothing can be taken from the heirs' right without their consent. Thus, the legatee entitled to the heir's share receives an amount that does not reduce the estate below one-sixth, unless the heirs consent.